Kelly appointed to judgeship

FRANKFORT — In an effort to further erode the Republican Party’s slim majority in the state Senate, Gov. Steve Beshear has appointed a GOP senator to a state job for the second time in four months.

The Democratic governor appointed Sen. Dan Kelly of Springfield to an open circuit court judgeship in Central Kentucky’s 11th Judicial District on Monday, paving the way for a special election.

Beshear called a Dec. 8 special election for Kelly’s 14th Senate District seat and for an open house seat.

It appears that the race for Kelly’s state senate seat will be a contest between two well-known political figures in Central Kentucky. Rep. Jimmy Higdon, R-Lebanon, and former state Representative Jodie Haydon, a Democrat, have filed paperwork with the Kentucky Registry of Election Finance to raise money for Kelly’s seat.

When there is a vacancy in an unexpired term, Democratic and Republican leaders in that district nominate candidates to run. It is likely that Higdon and Haydon will be their respective party nominees. The 14th Senate seat includes Marion, Nelson, Taylor, Mercer and Washington counties.

Beshear defended his choice of a political nemesis for the judgeship by noting Kelly’s track record as a lawyer. “He’s got an outstanding legal record and legal career,” Beshear said in a news conference.

Meanwhile, Republican Senate President David Williams of Burkesville criticized the appointment.

“This is just another play in the governor’s full-court press to enable gambling interests to influence elections — in what was supposed to be a non-election year — and to help him avoid fulfilling his campaign promise to let the people decide whether there should be an expansion of gambling,” Williams said in a written statement.

With Kelly, the Republicans held a 20-17 majority in the Senate. One independent also caucuses with Republicans.

Earlier this summer, after a Beshear-backed proposal to allow slot machines at racetracks died in a Senate committee, Republican Senator Charlie Borders resigned after being appointed by Beshear to the Public Safety Commission. Former Rep. Robin Webb, D-Grayson, won an August special election for that seat.

The election for Webb’s former House seat will also be Dec. 8. The 96th House seat includes Carter and Lewis counties. No one has filed paperwork to raise money for that seat.

In Kelly’s case, a seven-person judicial nominating commission on Friday picked Kelly and two other lawyers as nominees for Beshear to choose from.

Kelly, who has been practicing law since 1979, said Monday that he has long wanted to pursue a career on the bench.

“I appreciate the governor’s appointment and I don’t question his motives,” Kelly said.

Kelly’s move to the judicial branch of government will likely double his state retirement income. In 2005, the legislature approved changes in the way state legislators’ retirement benefits are calculated. A legislator can substitute his highest three years of salary in any state job for his or her highest salary as a state legislator.

Kelly will make $124,620 as a circuit court judge. As a legislator, Kelly typically made around $50,000.
Kelly said that a bump in pay was not the reason he decided to seek the judgeship.

“I didn’t pursue either (state senator or the judgeship) because of pay,” Kelly said. “One of the canons of the (judicial) code of ethics is to leave partisan politics behind. And I’m ready to do that.”

Elmer George, a Lebanon lawyer, who was one of five people who applied for the open judgeship, said he respected Beshear and understood why the governor wanted to topple the Republican hold on the Senate. But George said many lawyers in the 11th Judicial District were unhappy that Kelly was picked.

In a recent survey of attorneys in the 11th Judicial Circuit, 34 of 52 respondents rated Kelly as unqualified for the judgeship. Sixteen said he was either highly qualified or qualified, while two had no opinion.

The other two nominees received much higher ratings. Samuel Todd Spalding was rated highly qualified or qualified by all 52 respondents. Bryan E. Bennett received the same ratings from all but six respondents.

George said he expects Kelly to have an opponent in the November 2010 election.

“I know that there will be opposition,” he said Monday.

But others said Kelly had the experience and the temperament for the job.

Larry Hopkins, a former Republican Congressman and state official, said Kelly was qualified for the job.
“He’s a very quiet, thoughtful man,” Hopkins said. “I just think he would be a real compliment to the judicial branch.”

Kelly was sworn in Monday and begins hearing cases as a circuit court judge on Tuesday.

Senate Minority Leader Ed Worley, D-Richmond, said he expects the Democrats to take Kelly’s seat. If that happens, the Republican majority will be cut to one with 19 Republicans, 18 Democrats and one independent in the upper chamber.

Worley said he believes there are enough votes in the Senate to approve a bill allowing slots at racetracks, noting that the measure could help alleviate budget shortfalls projected for the next two years.

“I think everyone should be willing to negotiate on this issue,” Worley said. “If we don’t, we’re going to make some budget cuts that are so drastic that they are going to affect the future of the Commonwealth.”

- Beth Musgrave

Filed Under: Democratic Party • Elections • KY General Assembly • Republican Party • Steve Beshear